Supreme Court of Nevada Decisions 2014

Sadler v. PacifiCare of Nev., Inc.  
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 98
Docket Number: 62111

Justia Opinion Summary: Patients of certain healthcare facilities were advised to testify for blood-borne diseases after it was discovered that those healthcare facilities used unsafe injection practices during certain procedures. Plaintiffs, p...

Stockmeier v. Green  
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 99
Docket Number: 62327

Justia Opinion Summary: Appellant, an inmate at Lovelock Correctional Center, filed a petition seeking mandamus and injunctive relief to compel Respondent, Nevada’s Chief Medical Officer, to comply with Nev. Rev. Stat. 209.382(1)(b) by examinin...

City of Reno v. Int’l Ass’n of Firefighters, Local 731  
Date: December 31, 2014
Citation: 130 Nev. Adv. Op. No. 100
Docket Number: 65934

Justia Opinion Summary: In May 2014, the City of Reno decided to lay off thirty-two firefighters. The City stated that its decision was based on a lack of funds. A collective bargaining agreement between the City and the International Associati...

Fed. Ins. Co. v. Coast Converters, Inc.  
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 95
Docket Number: 59639

Justia Opinion Summary: Electrical problems at a plastic bag manufacturing plant led to an increased number of defective bags being produced. A dispute arose between the manufacturer and its insurer regarding what provision of the policy covere...

First Fin. Bank v. Lane  
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 96
Docket Number: 62606

Justia Opinion Summary: Gordon and Carol Lane took out a loan secured by a piece of commercial real estate. John Serpa executed a personal guaranty upon the loan. The Lanes defaulted on their obligation, and Serpa failed to fulfill his guaranto...

Brant v. State  
Date: December 24, 2014
Citation: 130 Nev. Adv. Op. No. 97
Docket Number: 63787

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. Defendant’s theory of defense was that another man, Robert Belsey, killed the victim. In furtherance of his theories, Defendant designated an expert to...

In re Cay Clubs  
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 92
Docket Number: 58176

Justia Opinion Summary: The purchasers of condominiums at a Las Vegas resort filed suit against approximately forty defendants, including JDI Loans, LLC and JDI Realty, LLC (collectively, the JDI entities), alleging that the resort’s marketing...

Sierra Pac. Power Co. v. State, Dep’t of Taxation  
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 93
Docket Number: 61193

Justia Opinion Summary: NV Energy owns and operates electricity-generating plants in Nevada. NV Energy fueled two of those plants with coal obtained from mines outside Nevada and paid a use tax for its coal consumption pursuant to Nev. Rev. Sta...

Nev. Ass'n Servs. v. Eighth Jud. Dist. Ct.  
Date: December 4, 2014
Citation: 130 Nev. Adv. Op. No. 94
Docket Number: 62748

Justia Opinion Summary: Elsinore, LLC purchased a property located within the Peccole Ranch planned community that was subject to a lien for unpaid community-association assessments. Elsinore paid the outstanding association dues and then sold...

State, Dep’t of Bus. & Indus. v. Check City P’ship, LLC  
Date: November 13, 2014
Citation: 130 Nev. Adv. Op. No. 90
Docket Number: 62888

Justia Opinion Summary: Check City filed a complaint for declaratory relief seeking clarification of Nev. Rev. Stat. 604A.425, which limits the amount of a deferred deposit loan to twenty-five-percent of a borrower’s expected gross monthly inco...

In re Parental Rights as to A.L.  
Date: November 13, 2014
Citation: 130 Nev. Adv. Op. No. 91
Docket Number: 63311

Justia Opinion Summary: The Clark County Department of Family Services (DFS) filed a petition for protective custody of C.B. and A.L., two minor children, alleging that Mother had either physically abused or negligently supervised C.B., whose f...

Valdez v. Cox Commc’ns  
Date: November 6, 2014
Citation: 130 Nev. Adv. Op. No. 89
Docket Number: 65383

Justia Opinion Summary: Appellant filed an unpaid wage action against four defendants, including Video Internet Phone Installs, Inc. (VIPI). The claims against VIPI were severed from the rest of the claims and thereafter resolved. Appellant did...

Terry v. Sapphire Gentlemen’s Club  
Date: October 30, 2014
Citation: 130 Nev. Adv. Op. No. 87
Docket Number: 59214

Justia Opinion Summary: Appellants, performers at Sapphire Gentlemen’s Club, challenged Sapphire’s practice of paying no wages to the performers, claiming they were “employees” within the meaning of Nev. Rev. Stat. 608.010 and thus entitled to...

Fed. Deposit. Ins. Corp. v. Rhodes  
Date: October 30, 2014
Citation: 130 Nev. Adv. Op. No. 88
Docket Number: 59309

Justia Opinion Summary: At issue in this case was whether the Federal Deposit Insurance Corporation’s (FDIC) extender statute, 12 U.S.C. 1821(d)(14)(A), which governs the timeliness of the deficiency judgment suits that are brought by the FDIC,...

D.R. Horton, Inc. v. Betsinger  
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 84
Docket Number: 59319

Justia Opinion Summary: Plaintiff sued Defendants for fraud and deceptive trade practices in connection with a real estate purchase and loan arrangement. The jury found in favor of Plaintiff and awarded him compensatory damages consisting of ac...

Byars v. State  
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 85
Docket Number: 61348

Justia Opinion Summary: Defendant was stopped for speeding and admitted to having smoked marijuana five hours before the stop. Law enforcement officers informed Defendant that they would perform a blood draw, during which Defendant struggled by...

Oxbow Constr., LLC v. Eighth Judicial Dist. Court  
Date: October 16, 2014
Citation: 130 Nev. Adv. Op. No. 86
Docket Number: 61558

Justia Opinion Summary: These consolidated writ petitions arose from a construction-defect action initiated by The Regent at Town Centre Homeowners’ Association against Oxbow Construction, LLC. Oxbow served as the general contractor of the Rege...

Watson v. State  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 76
Docket Number: 56721

Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree kidnapping and first-degree murder of his wife. Appellant was sentenced to death for the murder. The Supreme Court affirmed the judgment of conviction, holdi...

Copper Sands Homeowners Ass’n, Inc. v. Flamingo 94, LLC  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 81
Docket Number: 59934

Justia Opinion Summary: The Copper Sands Homeowners Association (the HOA) brought an action against the developer and general contractor (collectively, the Developers) of the Copper Sands common-interest community, alleging several claims for v...

Artiga-Morales v. State  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 77
Docket Number: 60172

Justia Opinion Summary: Appellant was convicted of battery with a deadly weapon causing substantial bodily harm. On appeal, Appellant argued that the district court erred in denying his pretrial motion for an order mandating the prosecutor to p...

Guilfoyle v. Olde Monmouth Stock Transfer  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 78
Docket Number: 60478

Justia Opinion Summary: A stock transfer agent gave a stockholder an allegedly incomplete and misleading answer to a question about its requirements for removing a restrictive legend on the stockholder’s stock. The stockholder sued the transfer...

Mason-McDuffie Real Estate, Inc. v. Villa Fiore Dev., LLC  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 83
Docket Number: 61233

Justia Opinion Summary: Appellant leased commercial real property from Respondent. Appellant vacated the property and ceased paying rent after a significant water intrusion event. Respondent filed a complaint alleging that Appellant breached th...

Buchanan v. State  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 82
Docket Number: 62343

Justia Opinion Summary: Defendant was charged with burglary, robbery, and abuse or neglect of an older person. After the jury venire entered the courtroom for voir dire, Defendant’s counsel sought to strike the venire on the grounds that it con...

Henson v. Henson  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 79
Docket Number: 62654

Justia Opinion Summary: When Husband and Wife divorced, the district court entered a divorce decree allocating Wife a community property interest in Husband’s Public Employees Retirement System (PERS) pension plan. The district court later ente...

Renown Reg'l Med. Ctr. v. Second Judicial Dist. Court  
Date: October 2, 2014
Citation: 130 Nev. Adv. Op. No. 80
Docket Number: 62666

Justia Opinion Summary: Real party in interest Michael Wiley brought a putative class action against Renown Regional Medical Center regarding its lien practices. Both parties filed motions for summary judgment. After a hearing, the district cou...

Franchise Tax Bd. of California v. Hyatt  
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 71
Docket Number: 53264

Justia Opinion Summary: Gilbert Hyatt, an inventor, sued the Franchise Tax Board of the State of California (FTB) in 1998 seeking damages for intentional torts and bad faith conduct allegedly committed by FTB auditors during tax audits of the i...

Deja Vu Showgirls of Las Vegas, LLC v. Nev. Dep't of Taxation  
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 72
Docket Number: 59752

Justia Opinion Summary: Appellants filed suit in federal court seeking a declaration that Nevada’s Live Entertainment Tax (NLET) was facially unconstitutional for violating the First Amendment. The federal court dismissed the suit. Appellants t...

Deja Vu Showgirls of Las Vegas, LLC v. Nev. Dep't of Taxation  
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 73
Docket Number: 60037

Justia Opinion Summary: In 2003, the Nevada Legislature enacted the Live Entertainment Tax (NLET), which imposes an excise tax on business transactions completed at facilities providing live entertainment. Appellants, exotic dancing establishme...

Zohar v. Zbiegien  
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 74
Docket Number: 60050

Justia Opinion Summary: The mother of sixteen-month-old Max Zohar (collectively, the Zohars), filed a medical malpractice complaint against multiple defendants, including a physician, a nurse, and several EmCare entities (collectively, Responde...

SFR Invs. Pool 1, LLC v. U.S. Bank, N.A.  
Date: September 18, 2014
Citation: 130 Nev. Adv. Op. No. 75
Docket Number: 63078

Justia Opinion Summary: A common interest community subject to covenants, conditions, and restrictions was encumbered by a note and deed of trust in favor of U.S. Bank, N.A. The former homeowners fell delinquent on their association dues and de...

Major v. State  
Date: August 28, 2014
Citation: 130 Nev. Adv. Op. No. 70
Docket Number: 62819

Justia Opinion Summary: After Appellant was arrested for child abuse his daughter was placed in the custody of Washoe County Social Services (Social Services). The family court ordered Appellant to pay child support to Social Services. After Ap...

City of N. Las Vegas v. 5th & Centennial, LLC  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 66
Docket Number: 58530

Justia Opinion Summary: Landowners filed a complaint against the City of North Las Vegas for inverse condemnation and precondemnation damages. The district court awarded Landowners precondemnation damages and attorney fees, costs, and prejudgme...

Simmons Self-Storage Partners v. Rib Roof, Inc.  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 57
Docket Number: 59210

Justia Opinion Summary: Respondent supplied steel for projects on six properties. Respondent was not fully paid for the steel delivered to the properties, and consequently, Respondent perfected mechanics’ liens on the six properties. Respondent...

Brown v. McDaniel  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 60
Docket Number: 60065

Justia Opinion Summary: Appellant, an inmate, filed a timely post-conviction petition for writ of habeas corpus, which the district court denied on the merits. Appellant later filed a second post-conviction petition for a writ of habeas corpus,...

Brady, Vorwerck, Ryder & Caspino v. New Albertson’s, Inc.  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 68
Docket Number: 61767

Justia Opinion Summary: At issue in this case was Nev. Rev. Stat. 11.207’s limitations period, which the Supreme Court has stated in the past does not commence for a malpractice action until the conclusion of the litigation in which the malprac...

Greenberg Traurig, LLP v. Frias Holding Co.  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 67
Docket Number: 61820

Justia Opinion Summary: The litigation privilege immunizes from civil liability communicative acts occurring in the course of judicial proceedings, even if those acts would otherwise be tortious. Nevada had long recognized this common law privi...

Byrd Underground, LLC v. Angaur, LLC  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 62
Docket Number: 61978

Justia Opinion Summary: The United States Bankruptcy Court for the District of Nevada certified three questions of law to the Supreme Court regarding the mechanic’s lien priority law, specifically, the visible-commencement-of-construction aspec...

In re Irrevocable Trust Agreement of 1979  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 63
Docket Number: 62160

Justia Opinion Summary: Daisy Monzo gifted a condominium that she owned to an irrevocable trust for the benefit of her daughter, Charron Monzo. Daisy subsequently signed another deed transferring the condo back into her own name. Charron filed...

Campos-Garcia v. Johnson  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 64
Docket Number: 62578

Justia Opinion Summary: In the underlying tort action, the jury rendered a verdict in favor of Plaintiff. The district court entered judgment on the verdict, resolving all issues except for attorney fees and costs. The district court subsequent...

Wood v. Germann  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 58
Docket Number: 62768

Justia Opinion Summary: Appellant obtained a home loan from IndyMac Bank, F.S.B. (IndyMac F.S.B.) secured by a promissory note and deed of trust. Mortgage Electronic Registration Systems, Inc. (MERS) was the legal beneficiary of the deed of tru...

Las Vegas Sands Corp. v. Eighth Judicial Dist. Court  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 61
Docket Number: 62944

Justia Opinion Summary: Steven Jacobs, the former chief executive officer of Sands China Ltd., filed a complaint against his former employer, alleging, among other things, breach of contract claims. Throughout discovery on the issue of whether...

Las Vegas Sands Corp. v. Eighth Judicial Dist. Court  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 69
Docket Number: 63444

Justia Opinion Summary: Steven C. Jacobs, the former chief executive officer of Sands China Ltd., filed a complaint against his former employer, alleging, among other things, that Sands breached his employment contract. At issue in this case wa...

Barrett v. Eighth Judicial Dist. Court  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 65
Docket Number: 63871

Justia Opinion Summary: Petitioners found allegedly defective plumbing parts in their residences. Petitioners provided Nev. Rev. Stat. Ch. 40 prelitigation notice to the general contractor/developer, Centex Homes, informing it of the alleged de...

Imperial Credit Corp. v. Eighth Judicial Dist. Court  
Date: August 7, 2014
Citation: 130 Nev. Adv. Op. No. 59
Docket Number: 65737

Justia Opinion Summary: Petitioners, a corporation and an individual, were initially represented by an attorney at a local firm in the defense of a lawsuit. Before trial was scheduled to commence, the attorney resigned his employment with the l...

Leavitt v. Siems  
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 54
Docket Number: 59369

Justia Opinion Summary: Plaintiff underwent Lasik corrective surgery on her eyes and subsequently developed ocular complications. Plaintiff sued Dr. John L. Siems, who performed the surgery, and Siems Advanced Lasik, asserting claims for medica...

Morrison v. Health Plan of Nev., Inc.  
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 55
Docket Number: 61082

Justia Opinion Summary: Plaintiff was a Medicare beneficiary who received his Medicare benefits through a plan offered by Respondents, health insurance businesses that specialize in health maintenance and/or managed care and are engaged in the...

State v. White  
Date: July 10, 2014
Citation: 130 Nev. Adv. Op. No. 56
Docket Number: 62890

Justia Opinion Summary: The question presented in this case was whether a person can burglarize his or her own home. Plaintiff was charged with burglary while in possession of a firearm and murder with the use of a deadly weapon for entering th...

Jones v. Eighth Judicial Dist. Court  
Date: July 3, 2014
Citation: 130 Nev. Adv. Op. No. 53
Docket Number: 63303

Justia Opinion Summary: After a jury trial, Petitioner was convicted on several charges, including burglary, grand larceny, and obtaining property under false pretenses. After his appeal, Petitioner filed a post-conviction petition for a writ o...

Doan v. Wilkerson  
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 48
Docket Number: 56591

Justia Opinion Summary: Catherine Doan and Craig Doan divorced in 2003. The divorce decree did not include Craig’s Federal Aviation Administration (FAA) retirement benefit despite the fact that the retirement benefit was disclosed and discussed...

Conner v. State  
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 49
Docket Number: 57109

Justia Opinion Summary: After a jury trial, Appellant was found guilty of one count of first-degree murder, based on both premeditated and felony murder, and two counts of sexual assault. On appeal, Appellant argued that the district court comm...

Druckman v. Ruscitti  
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 50
Docket Number: 60598

Justia Opinion Summary: The parties in this case were unmarried parents of one child. Father established himself as the child’s father with to a written acknowledgment of paternity. After Mother relocated with the child to California without Fa...

Holdaway-Foster v. Brunell  
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 51
Docket Number: 61655

Justia Opinion Summary: Mother and Father divorced in Nevada pursuant to a decree that granted Mother custody of the parents’ two children and ordered Father to pay Mother child support. Father later relocated to Hawaii and ceased making child...

Thomas v. Nev. Yellow Cab Corp.  
Date: June 26, 2014
Citation: 130 Nev. Adv. Op. No. 52
Docket Number: 61681

Justia Opinion Summary: Appellants, two taxicab drivers, brought an action against Respondents, taxicab companies, claiming damages for unpaid wages pursuant to the Minimum Wage Amendment, a constitutional amendment that revised Nevada’s then-s...

Harris v. State  
Date: June 12, 2014
Citation: 130 Nev. Adv. Op. No. 47
Docket Number: 61424

Justia Opinion Summary: Appellant pleaded guilty to several felony offenses. Seven months after the judgment of conviction was entered, Appellant filed a motion to withdraw the guilty plea. The district court denied the motion on the merits. At...

FCH1, LLC v. Rodriguez  
Date: June 5, 2014
Citation: 130 Nev. Adv. Op. No. 46
Docket Number: 59630

Justia Opinion Summary: Palms Casino Resort allowed promotional actors to toss souvenirs into a crowd of patrons watching televised sporting events at the casino’s sports bar. Respondent was injured when another patron dove for a souvenir durin...

All Star Bail Bonds, Inc. v. Dist. Court  
Date: June 5, 2014
Citation: 130 Nev. Adv. Op. No. 45
Docket Number: 62866

Justia Opinion Summary: Defendant pleaded guilty to multiple counts relating to fraudulent use of a credit card. Before sentencing, Petitioners (collectively, the surety) posted a bond for Defendant’s release. Defendant subsequently traveled to...

Jacobs v. Adelson  
Date: May 30, 2014
Citation: 130 Nev. Adv. Op. No. 44
Docket Number: 58740

Justia Opinion Summary: Steve Jacobs filed a wrongful termination complaint against Las Vegas Sands Corp. (LVSC) and Sands China Ltd. after he was fired as chief executive officer of the Sands China unit. Jacobs made several allegations in the...

Afzali v. State  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 34
Docket Number: 54019

Justia Opinion Summary: Appellant was charged by three indictments with multiple felony counts regarding crimes of a sexual nature against children. Appellant requested access to information about the racial composition of the three grand jury...

Brass v. State  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 35
Docket Number: 56146

Justia Opinion Summary: After a jury trial, Defendant was convicted of conspiracy, kidnapping, and murder charges. Defendant appealed, arguing that the district court committed reversible error during the jury selection phase of trial. After th...

Schleining v. Cap One, Inc.  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 36
Docket Number: 57934

Justia Opinion Summary: Corporation obtained a loan from Lenders to help pay for real property that was secured by a deed of trust on the property. Appellant, the principal and sole owner of Corporation, signed a personal guaranty of the loan,...

Lavi v. Eighth Judicial Dist. Court  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 38
Docket Number: 58968

Justia Opinion Summary: Petitioner personally guaranteed a commercial real estate loan that Bank purchased. The borrowers defaulted on the loan, and Bank sought recovery of the loan’s balance from Petitioner. While the case against Petitioner w...

Libby v. Eighth Judicial Dist. Cout  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 39
Docket Number: 59688

Justia Opinion Summary: In 2005, Dr. Eugene Libby, an orthopedic surgeon, performed surgery on Megan Hamilton’s left knee. In an effort to combat a serious infection that had developed in the knee, Dr. Libby performed another surgery on Hamilto...

Viega GmbH v. Eighth Judicial Dist. Court  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 40
Docket Number: 59976

Justia Opinion Summary: Petitioners were two German limited liability corporations who were sued by a homeowners association for alleged construction defects in plumbing parts. Petitioners moved to dismiss the complaints, arguing that the distr...

Sasser v. State  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 41
Docket Number: 60091

Justia Opinion Summary: Appellant pleaded guilty to robbery. At sentencing, Appellant requested that the district court amend his presentence investigation report (PSI) to exclude information that he alleged was unsupported. After a hearing, th...

Century Sur. Co. v. Casino W., Inc.  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 42
Docket Number: 60622

Justia Opinion Summary: After four people died from carbon monoxide poisoning while sleeping in a room above a pool heater in a motel, the motel sought coverage for the deaths from its insurer. The insurer denied coverage based on two provision...

Gomez v. State  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 43
Docket Number: 62151

Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to murder, conspiracy to commit robbery, and conspiracy to commit first-degree kidnapping. Before he was sentenced, Appellant filed an objection to his Presentence I...

Las Vegas Dev. Assocs., LLC v. Eighth Judicial Dist. Court  
Date: May 29, 2014
Citation: 130 Nev. Adv. Op. No. 37
Docket Number: 62512

Justia Opinion Summary: In this dispute over a real estate transaction, the real party in interest (KB Home) took the deposition of one of Defendants’ principals. During the deposition, the principal testified that he had refreshed his recollec...

Anderson v. State Employment Sec. Div.  
Date: May 15, 2014
Citation: 130 Nev. Adv. Op. No. 32
Docket Number: 59152

Justia Opinion Summary: In 2004, Appellant sustained a work injury and received temporary total disability (TTD) benefits. Appellant returned to work from 2006 until 2008, at which time his back problems recurred. Appellant received TTD benefit...

Dornbach v. Tenth Judicial Dist. Court  
Date: May 15, 2014
Citation: 130 Nev. Adv. Op. No. 33
Docket Number: 62771

Justia Opinion Summary: Plaintiffs filed a complaint for a deficiency judgment against Defendants. Defendants filed a motion to dismiss for failure to state a claim. The motion was eventually denied after delays due to the death of the district...

Douglas v. State  
Date: May 1, 2014
Citation: 130 Nev. Adv. Op. No. 31
Docket Number: 59084

Justia Opinion Summary: Defendant was charged and convicted of sexual assault and incest for the rape of his daughter, with whom he fathered two children. Defendant appealed, arguing that because incest requires mutual consent and sexual assaul...

State v. Cantsee  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 24
Docket Number: 59121

Justia Opinion Summary: Defendant was charged with a felony DUI after he was pulled over for driving a vehicle with a cracked windshield. Defendant filed a motion to suppress on the ground that Deputy Wendy Jason, the investigating officer, mad...

Angel v. Cruse  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 25
Docket Number: 59278

Justia Opinion Summary: Randall Angel, then an inmate, filed a civil rights complaint against corrections officer Michael Cruse, in his individual capacity, alleging that Cruse violated his civil rights by filing a disciplinary charge against h...

Coleman v. State  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 26
Docket Number: 60181

Justia Opinion Summary: Appellant was convicted of first-degree murder by child abuse following the death of an infant, Tristen Hilburn. Tristen was the victim of multiple injuries. Appellant argued that the injuries were inflicted by Crystal G...

Nassiri v. Chiropractic Physicians' Bd.  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 27
Docket Number: 60490

Justia Opinion Summary: Dr. Obteen Nassiri owned and operated a chiropractic practice and employed Dr. Edward Johnson as a chiropractic physician. Both Appellants were licensed chiropractic physicians in Nevada at the time. Responding to allega...

Alcantara v. Wal-Mart Stores, Inc.  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 28
Docket Number: 60566

Justia Opinion Summary: Appellant, on behalf of her daughter, Sarah, filed a wrongful death action under Nev. REv. Stat. 41.085(4) against Wal-Mart Stores, Inc. after Sarah’s father was fatally assaulted in a Wal-Mart parking lot. The district...

LaChance v. State  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 29
Docket Number: 62129

Justia Opinion Summary: After a jury trial, Defendant was found guilty of domestic battery, felony possession of a controlled substance for the purpose of sale, felony possession of a controlled substance, and other crimes. The district court d...

Meisler v. State  
Date: April 3, 2014
Citation: 130 Nev. Adv. Op. No. 30
Docket Number: 63034

Justia Opinion Summary: Defendant was charged by information with aggravated stalking, a felony. Defendant filed a motion to suppress text messages retrieved from his cell phone as a result of his arrest, arguing that his Fourth Amendment right...

Davis v. State  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 16
Docket Number: 57208

Justia Opinion Summary: After a jury trial, Defendant was found guilty of battery with use of a deadly weapon resulting in substantial bodily harm. Defendant appealed, arguing that the district court erred in denying his proposed instructions r...

Progressive Gulf Ins. Co. v. Faehnrich  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 19
Docket Number: 57324

Justia Opinion Summary: Randall and Toni Faehnrich were Mississippi residents when they entered into an automobile insurance policy with Progressive Gulf Insurance Company that was negotiated, delivered, and renewed in Mississippi. The policy c...

Wingco v. Gov't Employees Ins. Co.  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 20
Docket Number: 59290

Justia Opinion Summary: Appellants were injured in automobile accidents, but Geico, which insured both Appellants, denied coverage of their medical expenses. Appellants subsequently instituted a class action of behalf of themselves and others s...

The Power Co., Inc. v. Henry  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 21
Docket Number: 59328

Justia Opinion Summary: Plaintiffs filed a civil complaint against The Power Company, Inc. (“TPCI”) and TPCI’s president, Rick Rizzolo. Less than five years after Plaintiffs filed their action, they entered into a settlement agreement with TPCI...

Coleman v. State  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 22
Docket Number: 60715

Justia Opinion Summary: Appellant was convicted of a crime and given a suspended prison sentence and placed on probation. When Defendant completed his probationary period, he was subject to a special sentence of lifetime supervision. After comm...

Huckabay Props., Inc. v. NC Auto Parts, LLC  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 23
Docket Number: 61024

Justia Opinion Summary: Appellants appealed a district court judgment in a real property contract action. Based on Appellants’ failure to file their opening brief and appendix by the deadline and failure to comply with court rules and directive...

Liu v. Christopher Homes, LLC  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 17
Docket Number: 61435

Justia Opinion Summary: The developer (“Developer”) of a residential community hired a general contractor (“Contractor”) to construct homes in the community, and Contractor subcontracted with Subcontractor for construction services. Subcontract...

State v. Eighth Judicial Dist. Court  
Date: March 27, 2014
Citation: 130 Nev. Adv. Op. No. 18
Docket Number: 62615

Justia Opinion Summary: The State charged real party in interest Jihad Zogheib with several crimes. Steven Wolfson, who was a criminal defense attorney before being appointed to the elective office he currently held, was appointed district atto...

Harrah's Operating Co. v. State Dep't of Taxation  
Date: March 20, 2014
Citation: 130 Nev. Adv. Op. No. 15
Docket Number: 61521

Justia Opinion Summary: Appellant, a Delaware corporation registered to do business in Nevada, purchased four aircraft to transport its employees and guests to and from its worldwide establishments. Each of the aircraft consistently flew to and...

In re Cay Clubs  
Date: March 6, 2014
Citation: 130 Nev. Adv. Op. No. 14
Docket Number: 58176

Justia Opinion Summary: After Appellants purchased condominiums and engaged in related transactions at the Las Vegas Cay Club resort, Appellants filed suit against dozens of defendants, including Cay Clubs, Jeffrey Aeder, and JDI Loans, LLC and...

Gunderson v. D.R. Horton, Inc.  
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 9
Docket Number: 56614

Justia Opinion Summary: Appellant-homeowners filed a complaint against Respondent-contractor for negligence and breach of warranty arising from construction defects in their homes. After a trial, the jury awarded verdicts for each homeowner. Ap...

Sanchez-Dominguez v. State  
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 10
Docket Number: 58345

Justia Opinion Summary: The State charged Defendant with murder and other crimes, charging the murder count as willful, deliberate, and premeditated murder and, alternatively, as felony murder in the perpetration of burglary. During the jury tr...

Jones v. Nev. Comm'n on Judicial Discipline  
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 11
Docket Number: 61902

Justia Opinion Summary: The Nevada Commission on Judicial Discipline issued a verified statement of complaint against the Honorable Steven E. Jones, a family court judge, alleging that he may have violated the Nevada Code of Judicial Conduct by...

City of Reno v. Howard  
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 12
Docket Number: 62313

Justia Opinion Summary: At issue in this case was Nev. Rev. Stat. 50.315, which provides that the declaration of a person who collects a criminal defendant’s blood for evidentiary testing may be admitted at trial. The City of Reno charged Respo...

Las Vegas Sands Corp. v. Eighth Judicial Dist. Court  
Date: February 27, 2014
Citation: 130 Nev. Adv. Op. No. 13
Docket Number: 62489

Justia Opinion Summary: Steven Jacobs filed an action against Las Vegas Sands Corp. and related entities (collectively, “Sands”). During a hearing to consider sanctions as a result of Sands’s conduct in the discovery process, Sands attorney Jus...

Lorton v. Jones  
Date: February 20, 2014
Citation: 130 Nev. Adv. Op. No. 8
Docket Number: 64194

Justia Opinion Summary: Petitioner, a citizen of Reno who intended to run for mayor, filed a writ petition seeking extraordinary relief preventing the city clerk and chief elections officer from taking the steps necessary include either Jessica...

DTJ Design, Inc. v. First Republic Bank  
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 5
Docket Number: 57165

Justia Opinion Summary: Downing, Thorpe & James Design, Inc. (DTJ) was an architectural firm incorporated in Colorado. Thomas Thrope, one of DTJ’s three founding principals, was allowed to practice individually as a foreign architect in Nevada,...

Preciado v. State  
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 6
Docket Number: 58000

Justia Opinion Summary: After a jury trial, Defendant was convicted of voluntary manslaughter with the use of a deadly weapon. Defendant appealed, raising several issues for the Supreme Court’s review. After consideration of the issues, the Sup...

Amezcua v. Eighth Judicial Dist. Court  
Date: February 13, 2014
Citation: 130 Nev. Adv. Op. No. 7
Docket Number: 63724

Justia Opinion Summary: Defendant was charged with first-offense battery constituting domestic violence, a misdemeanor. Defendant filed a notice for a jury trial, which the justice court denied. Defendant was subsequently convicted of the charg...

Liberty Mut. v. Thomasson  
Date: February 6, 2014
Citation: 130 Nev. Adv. Op. No. 4
Docket Number: 59176

Justia Opinion Summary: Respondent filed a workers’ compensation claim for an injury he received when slipping down a flight of stairs. Liberty Mutual, Respondent’s employer’s workers’ compensation insurer, denied the claim. A hearing officer w...

Recontrust Co., N.A. v. Zhang  
Date: January 30, 2014
Citations: 130 Nev. Adv. Op. No. 1, 130 Nev. Adv. Op. No. 2, 130 Nev. Adv. Op. No. 3
Docket Number: 58602

Justia Opinion Summary: Frank Sorichetti contracted Respondent to buy his property. Sorichetti reneged so Respondent sued and recorded a lis pendens against the property. Due to misinformation about the lis pendens, Countrywide Home Loans, Inc....

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